How to know if we need to file a i-601

[Internationalpika 0]

Hello all!

My boyfriend and I just got married and are now in the process of assembling our paperwork. I'm following the concurrent i-131/i-485 guide here on VJ (this guide to be exact: http://www.visajourney.com/content/i130guide2)and we have filled out everything according to the check list, but am not sure if the i-601 is something that applies to my husband's situation. I did some research on it, but a lot of forums/websites tiptoe around the same concept of "inadmissibility" and it is rather vague. How do we know if this something we should waste the time filling out and spending our money on?

Any input is much appreciated!!

[aleful 1,905]

hi

why do you think your husband would need a waiver?

did he enter the country illegally? if so, then you wouldn't be able to file concurrently the i130 and the i485

please give more details

[Boiler 46,037]

Consult with a lawyer

Ask here

Or do your own research.

[Internationalpika 0]

hi

why do you think your husband would need a waiver?

did he enter the country illegally? if so, then you wouldn't be able to file concurrently the i130 and the i485

please give more details

He entered the country legally. I was only curious because the form was included in the checklist. I just don't want to make sure that I'm not missing anything! Is this form only to be filled out if my boyfriend has entered the country illegally, or has a past of criminal activity?

[aleful 1,905]

hi

yes, probably it is a general checklist, if needed

but if your husband entered legally in the country, overstay is forgiven and no need for a waiver if married to a USC

[Boiler 46,037]

Not always

[Unshakable Faith 493]

You can only file a waiver after you've been told by a visa officer that you are able to file one due to an inadmissibility. If he hasn't been told, then he doesn't need one.

Edited August 22, 2016 by FN&KO

[EM_Vandaveer 2,417]

"If applicable". It is NOT, in your case.